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QUEENSLAND'S justice department, legal profession and judiciary are distancing themselves from an administrative bungle that caused the trials of four accused child sex offenders to be aborted. The Court of Appeal has in the past eight months looked into the guilty verdicts of seven convicted pedophiles - and ordered new trials for four of them - because trial judges failed to follow legislation introduced two years ago. In the most recent case, last Friday, the appeal court overturned convictions against a man found guilty of indecent dealing and child rape because a judge had failed to properly address the jury under the amended Evidence Act. The amendment requires judges to give directions to juries about the use of videotaped evidence from children. In the case held in the Court of Appeal last Friday, the Crown conceded the original trial judge had not addressed the jury as required, resulting in a miscarriage of justice. Another convicted pedophile walked away after the charges against him were dropped before his new trial, while the two others are awaiting retrial. Taxpayers will have to cover the cost of the new trials, and Chief Justice Paul de Jersey was unable yesterday to rule out further cases. While Attorney-General Linda Lavarch has blamed judges for failing to keep up with the amended legislation, Justice de Jersey has criticised trial counsel for neglecting to point out the changes to the judges, as the Opposition and other judges and lawyers put the blame back on the Government. Ms Lavarch has denied the Government failed to properly communicate the amendments, saying a departmental report received yesterday afternoon found that she had fully consulted the judiciary. "There was extensive consultation prior to the legislation being introduced to the parliament in May 2003, and it wasn't debated and passed until September 2003," Ms Lavarch said. Justice de Jersey was unable to respond yesterday to the Attorney-General's point, but accepted that even without consultation the Government could not be held solely responsible for the "unfortunate" bungle. "I accept that the responsibility most primarily rests with the courts," he told The Australian. "The courts do not rely on the Department of Justice or the Attorney-General. "Insofar as there has been neglect, I am afraid I would place that in substantial measure on to the position of trial counsel. "With the insertion of new provisions into already complicated statutory regimes, there is a high obligation on trial counsel to draw the attention of the trial judge to anything apparently overlooked. That did not occur here," he said. State Liberal leader Bruce Flegg accused the Government of "unacceptable laziness" in failing to alert judges to the amended legislation, and said that as a result, victims would be forced to relive their ordeal in a second trial. "There is a real prospect that convicted sex offenders will walk free if the trials are unable to happen again," Dr Flegg said. "Premier Peter Beattie and Attorney-General Linda Lavarch are both lawyers and there is no excuse for this oversight." But Ms Lavarch said all victims had already recorded their evidence and the footage would simply be replayed at new trials. AAP (3-10-2006) Annabelle McDonald |
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